Last Updated: September 16, 2024
We are a military community of Active duty, Reservists, Guardsmen, Veterans, Retirees, and family members who stick together.
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the website, application, and other offerings from Crewdogs (collectively, the “Crewdogs Platform”) operated by Crew Dogs, LLC, a(n) Limited Liability Company formed in South Carolina, United States. When used in these Terms, "Crewdogs," "us," "we," "our" refers to the Crewdogs entity. These Terms of Service contain important information regarding the limitations of our liability. Your access to and use of the Crewdogs platform is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, guests, and hosts who wish to access and use Crewdogs.
The Crewdogs Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Crewdogs Platform, and must keep your account information accurate. As the provider of the Crewdogs Platform, Crewdogs does not own, control, offer or manage any Listings or Host Services. Crewdogs is not a party to the contracts entered into directly between Hosts and Guests, nor is Crewdogs a real estate broker, travel agency, or insurer. Crewdogs is not acting as an agent in any capacity for any Member.
By accessing or using the Crewdogs platform you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use Crewdogs.
This community is grounded by the bond of our military service and support, and while issues or disagreements may arise during the use of our platform, by joining you agree to resolve disputes through direct negotiations before seeking external mediation by Crewdogs.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Our mission is to connect you with the rest of the military community to find a safe, secure and comfortable space with everything you might need. Browse and message with all of the Hosts on our platform to find the ones that fit with what you need. Learn more about a Listing by reviewing the description and photos, the Host profile, and Guest reviews. If you have questions, just message the Host.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Crewdogs listings, Host requirements (e.g. minimum or maximum nights), and more.
2.2 Booking. When you book a stay, you are agreeing to pay all charges for your booking including the agreed upon price, applicable fees, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified on Crewdogs or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a stay. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation.
3.2 Government Travel Cancellation Policy: Guests can cancel up to 24 hours prior to check-in for a full refund. If they cancel after that, hosts will charge for each night the guest stays, plus 1 additional night if the cancellation occurs after the established check-in time for the accommodation and the minimum processing fees required to complete the transactions. Additional information can be found in our Government Travel Policy.
3.3 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Crewdogs Platform or direct Crewdogs customer service to make on their behalf ("Booking Modifications and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Crewdogs Platform and any Content (as defined in Section 10), including your stay at any Accommodation, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
5.1 Host. As a Host, Crewdogs offers you the right to use the Crewdogs Platform to share your Accommodation or other Host Service with our selfless community of Guests - and earn money doing so. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests When you accept a booking request, or receive a booking confirmation through the Crewdogs Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Crewdogs’ Service Fee (and applicable taxes) for each booking. Crewdogs will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Crewdogs is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Crewdogs. Crewdogs does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
6.1 Creating and Managing Your Listing The Crewdogs Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, off-platform fee like a deposit, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability), content (like photos), and JTR requirements (if applicable), up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Crewdogs in search results on the Crewdogs Platform depends on a variety of factors, including these main parameters
Crewdogs may allow Hosts to promote their Crewdogs in search or elsewhere on the Crewdogs Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price, meeting JTR requirements, and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Crewdogs Platform except those expressly authorized by our Off-Platform Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Crewdogs Platform in violation of our Off-Platform Fee Policy.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Crewdogs to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Crewdogs Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Crewdogs Platform and any laws, rules, regulations, or obligations that may be applicable to your Crewdogs or Host Services and that you are not relying upon any statement of law made by Crewdogs.
6.7 Fair Housing. The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes it illegal to discriminate in the sale, lease, or rental of housing or making housing unavailable because of race, color, religion, sex familial status or national origin. Some state laws also include elderliness and other additional classes. Users of this platform will abide by the Federal Fair Housing Act and any applicable state laws of the state where the property is located. Crewdogs does not knowingly accept or publish any advertisement which is in violation of this Act.
If you suspect discrimination has occurred you may contact your Local Board of REALTORS© who will accept complaints of discrimination by Realtors© or you can contact the U.S. Department of Housing and Urban Development at 1-800-669-9777(voice) or 1-800-543-8294 (TDD).
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy) (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Crewdogs exceeds your payout, Crewdogs (via Crewdogs) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Crewdogs’ Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Crewdogs Platform or direct Crewdogs customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your transactions involving Guests and/or your use of the Payment Services (“Taxes”). While Crewdogs provides a prefilled tax summary on each of your listings, you also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Crewdogs specifically disclaims any liability for Taxes.
8.2 Tax Exemption. In certain jurisdictions, for performance of official duties, some guests working for certain organizations may be exempt from tax. Guests are responsible for identifying their tax exempt status using applicable tax exemption forms. Hosts notified of tax exemption via the correct form after a pay-out has been received are responsible for returning any taxes collected. Crewdogs may refund on your behalf any taxes collected or may use recorded payment methods to refund taxes collected where the guest is tax exempt and has notified the host. Our 24/7 customer support can answer any and all questions pertaining to tax exemption for government travel.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Crewdogs for accuracy and may be incorrect or misleading.
Parts of the Crewdogs Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Crewdogs a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Crewdogs pays for the creation of Content or facilitates its creation, Crewdogs may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Crewdogs the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy which prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Crewdogs may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Crewdogs does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Crewdogs may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Crewdogs Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Crewdogs Platform, service fees are non-refundable. Crewdogs reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12.1 Rules You must follow these rules and must not help or induce others to break or circumvent these rules. Crewdogs allows Hosts to directly control payment scheduling and refunds, as such we require the utmost professionalism and ethical behavior in adherence to these rules.
• Act with integrity and treat others with respect
• Do not scrape, hack, reverse engineer, compromise or impair the Crewdogs Platform
• Only use the Crewdogs Platform as authorized by these Terms or another agreement with us
• Honor your legal obligations
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Crewdogs. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Crewdogs. If you reported an issue to local authorities, Crewdogs may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Crewdogs Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13.1 Term. The agreement between you and Crewdogs reflected by these Terms is effective when you access the Crewdogs Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Crewdogs may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Crewdogs may also terminate this agreement immediately and without notice and stop providing access to the Crewdogs Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Crewdogs, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies or our Standards,(ii) you violate applicable laws, regulations, or third-party rights, or (iii) Crewdogs believes it is reasonably necessary to protect Crewdogs, its Members, or third parties; Crewdogs may, with or without prior notice:
For minor violations or where otherwise appropriate as Crewdogs determines in its sole discretion, you will be given notice of any intended measure by Crewdogs and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Crewdogs may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Crewdogs account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund if funds have been processed. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Crewdogs Platform has been limited, or your Crewdogs account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Crewdogs Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
Crewdogs may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Crewdogs Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Crewdogs Platform will constitute acceptance of the revised Terms.
As a community platform built to support each other and Veteran causes, we value direct mediation between hosts and guests. If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim" the complaining Member will notify the Guest and seek compensation. You will be given an opportunity to respond by the Host. If you agree to pay, or if the Damage Claim is escalated to Crewdogs and Crewdogs determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Crewdogs via Crewdogs Pay can collect the amount of the Damage Claim from you. You agree that Crewdogs may seek to recover from you under any insurance policies you maintain and that Crewdogs may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Crewdogs requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Crewdogs, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Crewdogs has the right, but does not have any obligation, to monitor the use of the Crewdogs Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Crewdogs Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Crewdogs that don’t meet quality and eligibility criteria. Members acknowledge and agree that Crewdogs administers its Policies (such as our Extenuating Circumstances Policy and Standards (such as basic requirements for hosts). including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Crewdogs in good faith, and to provide Crewdogs with such information and take such actions as may be reasonably requested by Crewdogs with respect to any investigation undertaken by Crewdogs regarding the use or abuse of the Crewdogs Platform. Crewdogs is not acting as an agent for any Member to include Crewdogs Pay and its Payment Services.
You must register an account to access and use many features of the Crewdogs Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Crewdogs Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Crewdogs if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Crewdogs Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Crewdogs Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Crewdogs or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Crewdogs has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Crewdogs (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Crewdogs Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Crewdogs Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Crewdogs Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Crewdogs has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. In no event will Crewdogs’ aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Crewdogs Platform, any Content, or any Host Service, exceed : (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Crewdogs. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Crewdogs’ option), indemnify, and hold Crewdogs (including Crewdogs, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards (ii) your improper use of the Crewdogs Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the Crewdogs Platform, Schedule 1 below sets out the Crewdogs entity with whom you are contracting. If we identify through the Crewdogs Platform, a Crewdogs entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Crewdogs entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Crewdogs company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of South Carolina and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Charleston, South Carolina, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Charleston, South Carolina.
23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Crewdogs in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process. Crewdogs is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a three-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly between the disputing parties, (2) an informal negotiation directly with Crewdogs’ customer service team (described in paragraph 23.3, below), and if necessary (3) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Crewdogs each retain the right to seek relief in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Crewdogs each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Crewdogs by mailing it to Crewdogs’ agent for service: Registered Agents Inc. 5560 Rivers Ave STE 100 Charleston, SC 29406. Crewdogs will send its notice of dispute to the email address associated with your Crewdogs account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
23.4 Agreement to Arbitrate. You and Crewdogs mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Crewdogs Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Crewdogs agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and Crewdogs each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Crewdogs Platform or Host Services. You and Crewdogs agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) “) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org must be filed with the AAA and provided to the other party, as specified in the AAA rules.
23.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Crewdogs agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Teton County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Crewdogs will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver. You and Crewdogs acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and Crewdogs acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate. If Crewdogs changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Crewdogs (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Crewdogs.
23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Crewdogs Platform or terminate your Crewdogs account.
24.1 Other Terms Incorporated by Reference.
Our Host Damage Protection, Rebooking and Refund Policy , Content Policy , Major Disruptive Events Policy , Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Crewdogs Platform, are incorporated by reference into this policy, and form part of your agreement with Crewdogs.
24.2 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Crewdogs and you pertaining to your access to or use of the Crewdogs Platform and supersede any and all prior oral or written understandings or agreements between Crewdogs and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Crewdogs. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 22.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
24.3 No Waiver.
Crewdogs’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
24.4 Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Crewdogs's prior written consent. Crewdogs may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
24.5 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Crewdogs via email, Crewdogs Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Crewdogs’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.
24.6 Third-Party Services.
The Crewdogs Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Crewdogs is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
24.7 Google Terms.
Some translations on the Crewdogs Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Crewdogs Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
24.8 Apple Terms.
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
24.9 Platform Content.
Content made available through the Crewdogs Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, which may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Crewdogs and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Crewdogs Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Crewdogs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Crewdogs Platform mobile application on your personal device(s); and (ii) access and view the Platform Content made available on or through the Crewdogs Platform and accessible to you, solely for your personal and non-commercial use.
24.10 Force Majeure.
Crewdogs shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
24.11 Emails and SMS.
You will receive administrative communications from us using the email address or other contact information you provide for your Crewdogs account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Crewdogs account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
24.12 Contact Us.
If you have any questions about these Terms please email us.
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here https://ec.europa.eu/consumers/odr.Please note that Crewdogs is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Section 24 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Crewdogs in the United States. Please read them carefully.
Last Updated: September 17, 2024
Thank you for using Crewdogs!
These Terms of Service for European Users (“Terms”) These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Crewdogs that govern your right to use the websites, applications, and other offerings from Crewdogs (collectively, the “Crewdogs Platform”). When used in these Terms, "Crewdogs “we “us or “our” refers to the Crewdogs entity set out on Schedule 1 with whom you are contracting.
The Crewdogs Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Crewdogs Platform, and must keep your account information accurate. As the provider of the Crewdogs Platform, Crewdogs does not own, control, offer or manage any Crewdogs, Host Services, or tourism services. Crewdogs is not a party to the contracts entered into directly between Hosts and Guests, nor is Crewdogs a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Crewdogs is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Crewdogs’ role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Agreement , which govern any payment services provided to Members by the Crewdogs payment entities (collectively "Crewdogs").
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Our mission is to connect you with the rest of the military community to find a safe, secure and comfortable space with everything you might need. Browse and message with all of the Hosts on our platform to find the ones that fit with what you need. Learn more about a Listing by reviewing the description and photos, the Host profile, and Guest reviews. If you have questions, just message the Host.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Crewdogs, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Crewdogs, service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Crewdogs via Crewdogs may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation ") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services
2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
3.1 Cancellations, Travel Issues, and Refunds. . In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Guest Refund Policy Different policies apply to certain categories of Crewdogs; for example Experiences reservations are governed by the Experiences Guest Refund Policy See each each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Crewdogs by contacting our customer service.
3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the Crewdogs Platform or direct Crewdogs customer service to make on their behalf ("3.2 Booking Modifications. and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5.1 Host. As a Host, Crewdogs offers you the right to use the Crewdogs Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Crewdogs Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Crewdogs’ service fee for each booking. Crewdogs will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Crewdogs is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Crewdogs. Crewdogs does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
6.1 Creating and Managing Your Listing. The Crewdogs Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Crewdogs for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.
6.2 Know Your Legal Obligations. . You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards.. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Crewdogs in search results on the Crewdogs Platform depends on a variety of factors, including these main parameters:
Crewdogs may allow Hosts to promote their Crewdogs in search or elsewhere on the Crewdogs Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Crewdogs Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Crewdogs Platform in violation of our Off-Platform Policy.
6.5 Hosting as a Team or Organization. . If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Crewdogs to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Crewdogs exceeds your payout, Crewdogs (via Crewdogs) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Crewdogs’ Guest Refund Policy, Extenuating Circumstances Policy,, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and and different cancellation fees and consequences apply to your Reservations. See each PolicyPolicy for details about what is covered, and what your payout will be in each situation. You may appeal a decision by Crewdogs by contacting our customer service.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Crewdogs Platform or direct Crewdogs customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your transactions involving Guests and/or your use of the Payment Services (“Taxes”). While Crewdogs provides a prefilled tax summary on each of your listings, you also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Crewdogs specifically disclaims any liability for Taxes.
8.2 Tax Exemption. In certain jurisdictions, for performance of official duties, some guests working for certain organizations may be exempt from tax. Guests are responsible for identifying their tax exempt status using applicable tax exemption forms. Hosts notified of tax exemption via the correct form after a pay-out has been received are responsible for returning any taxes collected. Crewdogs may refund on your behalf any taxes collected or may use recorded payment methods to refund taxes collected where the guest is tax exempt and has notified the host. Our 24/7 customer support can answer any and all questions pertaining to tax exemption for government travel.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Crewdogs for accuracy and may be incorrect or misleading.
Parts of the Crewdogs Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Crewdogs a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Crewdogs Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Crewdogs pays for the creation of Content or facilitates its creation, Crewdogs may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Crewdogs the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Crewdogs may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Crewdogs does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Crewdogs may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Crewdogs Platform. Any applicable fees are disclosed to Hosts before publishing a Listing and to Guests before making a booking. More information about when service fees apply and how they are calculated can be found on our Service Fees page. . Except as otherwise provided on the Crewdogs Platform, service fees are non-refundable in most situations.
12.1 Rules You must follow these rules and must not help or induce others to break or circumvent these rules.
• Act with integrity and treat others with respect
• Do not scrape, hack, reverse engineer, compromise or impair the Crewdogs Platform
• Only use the Crewdogs Platform as authorized by these Terms or another agreement with us
• Honor your legal obligations
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Crewdogs. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Crewdogs. If you reported an issue to local authorities, Crewdogs may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Crewdogs Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13.1 Term. The agreement between you and Crewdogs reflected by these Terms is effective when you access the Crewdogs Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Crewdogs may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Crewdogs may also terminate this agreement immediately and without notice and stop providing access to the Crewdogs Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Crewdogs, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. . If (i) you breach these Terms, our Additional Legal Terms, Policies or our Standards,(ii) you violate applicable laws, regulations, or third-party rights, or (iii) Crewdogs believes it is reasonably necessary to protect Crewdogs, its Members, or third parties; Crewdogs may, with or without prior notice:
For minor violations or where otherwise appropriate as Crewdogs determines in its sole discretion, you will be given notice of any intended measure by Crewdogs and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Crewdogs may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. . If you are a Host and terminate your Crewdogs account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Crewdogs Platform has been limited, or your Crewdogs account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Crewdogs Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
When we propose changes to these Terms, we will post the revised Terms on the Crewdogs Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Crewdogs, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Crewdogs Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Crewdogs and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Crewdogs and Crewdogs determines under consideration of any applicable statutory rules on the burden of proof that the Damage Claim is valid and you are responsible for the Damage Claim, Crewdogs via Crewdogs can collect the amount of the Damage Claim from you. Crewdogs may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Crewdogs requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by Crewdogs by contacting our customer service. Any decisions made by Crewdogs in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Crewdogs is not and does not become a party to or other participant in any contractual relationship between Members. Crewdogs is not acting as an agent for any Member except for where Crewdogs acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Crewdogs, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Crewdogs or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Crewdogs has no general obligation to monitor the use of the Crewdogs Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Crewdogs Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Crewdogs that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Crewdogs in good faith, and to provide Crewdogs with such information and take such actions as may be reasonably requested by Crewdogs with respect to any investigation undertaken by Crewdogs regarding the use or abuse of the Crewdogs Platform.
You must register an account to access and use many features of the Crewdogs Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Crewdogs Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Crewdogs if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Crewdogs Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Crewdogs has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Crewdogs Platform. Crewdogs may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Crewdogs Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Crewdogs Platform.
Crewdogs is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Crewdogs’ liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Crewdogs in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Crewdogs is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Crewdogs’ option), indemnify, and hold Crewdogs (including Crewdogs, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Crewdogs Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Crewdogs’ place of business in Ireland. If Crewdogs wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22.1 Other Terms Incorporated by ReferenceOur Host Damage Protection, Guest Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Crewdogs Platform, are incorporated by reference, and form part of your agreement with Crewdogs.
22.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Crewdogs and you pertaining to your access to or use of the Crewdogs Platform and supersede any and all prior oral or written understandings or agreements between Crewdogs and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Crewdogs. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.3 No Waiver. Crewdogs’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Crewdogs’ prior written consent. Crewdogs may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
22.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Crewdogs via email, Crewdogs Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Crewdogs’ obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act
22.6 Third-Party Services. The Crewdogs Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Crewdogs is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
22.7 Google Terms. . Some translations on the Crewdogs Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Crewdogs Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
22.8 Apple Terms. If you access or download our application from the Apple App Store, you agree toApple’s Licensed Application End User License Agreement.
22.9 Crewdogs Platform Content. Content made available through the Crewdogs Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Crewdogs and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Crewdogs Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Crewdogs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Crewdogs Platform and accessible to you, solely for your personal and non-commercial use.
22.11 Force Majeure. Crewdogs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
22.12 Emails and SMS. . You will receive administrative communications from us using the email address or other contact information you provide for your Crewdogs account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Crewdogs Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
22.13 Contact Us. If you have any questions about these Terms please email us.
23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Crewdogs in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process. Crewdogs is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Crewdogs’ customer service team (described in paragraph 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Crewdogs each retain the right to seek relief in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and NotificationAt least 30 days prior to initiating an arbitration, you and Crewdogs each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Crewdogs by mailing it to Crewdogs’ agent for service: Corporate Direct, Inc., 172 Center Street, Suite 202, PO Box 2869 Jackson, Wyoming 83001 Crewdogs will send its notice of dispute to the email address associated with your Crewdogs account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org ) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org
23.4 Agreement to Arbitrate. You and Crewdogs mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Crewdogs Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Crewdogs agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and Crewdogs each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22 of the Terms of Service for Non-European Users): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Crewdogs Platform or Host Services. You and Crewdogs agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
23.7 Modification to AAA Rules - Arbitration Hearing/Location. . In order to make the arbitration most convenient to you, Crewdogs agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Teton County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Crewdogs will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.9 Arbitrator’s Decision The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver. You and Crewdogs acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and Crewdogs acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
23.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate. If Crewdogs changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Crewdogs (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Crewdogs.
23.14 Survival. Except as provided in Section 24.12, and subject to Section 13.6 of the Terms of Service for Non-European Users this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the Crewdogs Platform or terminate your Crewdogs Account.
If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”),and (iii) you have notified Crewdogs that you are a Business User by adding your business details to your Crewdogs account. You are responsible for keeping your business details accurate and up to date.
In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved.
Business Users have access to personal and other data in their Crewdogs account and host dashboard which is provided by the Business User, their Guests or generated through the use of the Crewdogs Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their Crewdogs. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
Crewdogs operates an affiliate program through which Crewdogs may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Crewdogs may also appear in advertisements for Crewdogs published on third party websites from time to time.
By hosting on Crewdogs, you agree to abide by our terms and policies, including our Terms of Service, which we reserve the right to enforce at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate a user’s account. In order to protect our community and business, the following behaviors are prohibited:
You may not ask guests to review a Crewdogs stay on a non-Crewdogs website or fill out a survey regarding a Crewdogs stay on a non-Crewdogs website (such as a form off of Crewdogs) unless you are an approved hotel partner. These actions take valuable input about a guest’s stay away from the Crewdogs community. We want guests to share their feedback directly on Crewdogs so that other guests may benefit from their insights.
Last Updated: September 17, 2023
The Crewdogs Platform (“Crewdogs,” “we,” “our” or “us”) offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). All access to and use of Crewdogs is subject to our Terms of Use (the “Terms”).
This Payment Agreement (“Agreement”) is a legal agreement between Crewdogs and our Members (“you”, “your”) that use Crewdogs’s payment processing services powered by Stripe (referred to herein as "Crewdogs Pay") in connection with their Crewdogs accounts (the “Payment Services). Certain capitalized terms used herein and not otherwise defined have the applicable meanings provided in the Terms. By signing up or using Crewdogs Pay, you agree to the terms of this Agreement and the terms found in the Stripe Connected Account Agreement which forms a legal agreement between Stripe, Inc. (“Stripe”) and you or the entity you represent (“you” and “your”).
The Payment Services allow you to accept payments from your Guests (as more fully defined below, “Guests”) using credit cards, debit cards, or ACH payments. We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. Instead, we are a payment service provider that facilitates the processing of payments you receive from your Guests. This means that we collect, analyze, and relay information generated in connection with these payments.
Please note that you are required to use the Payment Services in order to have a Crewdogs account. Hosts and Guests are prohibited from using any third party payment processors (cash, check payment, online money transfer, etc.) in connection with your Crewdogs account, outside of our Off-Platform Fee Policy, and Crewdogs assumes no responsibility or liability therefor if such methods are utilized outside of the Crewdogs Platform.
“Guest” means any person or business engaging in a Card or Bank transaction directly with you.
“Bank” means any financial institution utilizing a funds transfer system
“Card” means any US-issued and most non-US issued credit or debit card bearing the logo of a Card Organization.
“Card Organization” means Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers or debit network providers. Card Organization also includes the Payment Card Industry Security Standards Council.
“Card Organization Rules” means all applicable rules, regulations or requirements issued or promulgated from time to time by a Card Organization.
“Chargeback” has the meaning set forth in Section 14.
“Fees” has the meaning set forth in Section 10.
“Reserve” has the meaning set forth in Section 22
using the Payment Services.
“Stripe Connected Account” and “Connected Account” have the meaning set forth in Section 6.
“Taxes” has the meaning set forth in Section 26.
2.1 Adding a Payment Method. When you add a Payment Method to your Crewdogs account, you will be asked to provide billing information such as name, billing address, and financial instrument information to Crewdogs Pay. You authorize Stripe to collect and store your Payment Method information.
2.2 Payment Authorization. You allow Crewdogs Pay to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due in connection with your Crewdogs account, including Damage Claim amounts in accordance with the Terms and with Section 18.
2.3 Timing of Payment. Crewdogs Pay will collect the Total Price due after the Host accepts your booking request, according to the predetermined schedule, up to but no later than the termination of the Host Service.
2.4 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Crewdogs cancels the booking, any amounts collected by Crewdogs Pay, on behalf of the Host and due to you pursuant to the policies described in Section 25, will be refunded to you, to include reimbursable deposits or charges due up front.
2.5 Your Payment Method, Your Responsibility. Crewdogs Pay is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.6.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Crewdogs Pay on behalf of the Host may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Crewdogs Platform and included in a Lease agreement between Host and Guest, if applicable to a booking.
2.6.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Crewdogs Pay to collect the Total Price due in accordance with said Lease and Host determination.
2.6.3 In order to stop Recurring Payments, Guests must notify the Host orally or in writing. In accordance with the listing cancellation policy or signed Lease agreement, the Host agrees to stop Recurring Payments and provide a refund or apply additional charges. If you have any questions regarding your Recurring Payments, please first contact your Host, and then Crewdogs.
3.1 Payment Collection. Crewdogs Pay processes the Total Price of a booking at the time displayed on the Payment Schedule during the booking process, unless noted otherwise. Based on the time of the booking, this may include an up-front payment at the time of booking, followed by the full amount no later than 7 days before check-in, for all standard travel. For Official Government travel, payment collection is made at check-in.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Stripe Connected Account, and a valid Payout Method linked to your Crewdogs account. Depending on the Stripe Account Type (Individual, or Business), additional information may be required by Stripe. Crewdogs does not store or share this information with 3rd party services. Providing requested information is required for a Connected Account and Payout Method to be valid. The information Crewdogs Pay requires for a valid Payout Method may change, and Crewdogs Pay may request additional information on behalf of Stripe at any time; failing to provide requested information may result in Crewdogs Pay temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Stripe to collect and store your Payout Method information. Stripe may also share your information with governmental authorities as required by applicable law.
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Crewdogs Pay will initiate the charge and Payouts at the time specified via the Crewdogs Platform. For Accommodation bookings of twenty-eight (28) nights or more, Crewdogs Pay will initiate the first payout at the Guest’s scheduled check-in time, and will initiate future payouts every 30 days or check-out, whichever comes first.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable Crewdogs service fees and donations. In the event of cancellation of a confirmed booking, you are responsible to refund any collected charges (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Crewdogs Pay may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Crewdogs Pay may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Your Payout Method, Your Responsibility. Crewdogs Pay is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
4.1 Each Host, including each Host Team member, hereby acknowledges Crewdogs Pay powered by Stripe, as the Payment Service Provider.
4.2 Each Host, including each Host Team member, agrees that payment made by a Guest via Crewdogs Pay powered by Stripe, are made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner. Each Host agrees to refund the Guest in accordance with the listing Cancellation Policy and Terms Crewdogs Pay assumes no liability for any acts or omissions of the Host, but will act as final arbiter in the event of a Damage Claim or Disagreement
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Crewdogs Pay is not a party to the agreement between you and the Host(s), including each Host Team member, Crewdogs Pay acts as the Payment Service Provider for the limited purpose of transacting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Crewdogs, and subsequent payout to the Host and appropriate service fee, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished. In the event that the Guest does not fulfill its obligation, the Host(s) will have recourse only against the Guest and not Crewdogs Pay directly.
5.2 Payments. If Crewdogs has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Crewdogs Payments released the payout for such stay, Crewdogs Pay may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Crewdogs Pay collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.1 By electronically agreeing to this Agreement, you consent and agree to proceed with the review and execution of all account agreements, statements, and documents relating to the Payment Services in electronic format. This includes the use of electronic communications, electronic disclosures, electronic statements, electronic contracts, and electronic signatures (including "checkbox" style acknowledgements).
5.2 If you do not agree to proceed with: (a) the signing of agreements electronically, (b) the review of disclosures and statements in electronic format, and (c) the receipt of electronic communications from Crewdogs with respect to the Payment Services, you may not use Crewdogs Pay. If you want to utilize Crewdogs Pay and the Payment Services, you must consent to this provision and you hereby do agree to this requirement by using the Payment Services (including setting up an account). Your consent will apply to all your Crewdogs agreements, applications and all other transactions with us. Your consent permits the general use of electronic records and electronic signatures in connection with all your transactions with us.
6.1 You acknowledge that Crewdogs partners with Stripe for the administration of the Payment Services. Only the Account information provided by you to Crewdogs that is required to create your Connected Account will be automatically shared with Stripe. By providing your account information to Crewdogs, you consent to Crewdogs automatically sharing said account information with Stripe, but only that is absolutely necessary to administer Payment Services, no other data is shared outside of Crewdogs.
6.2 To use the Payment Services you must open a Stripe account using Stripe technology integrations offered via the Crewdogs platform and you must onboard with Stripe to connect with Crewdogs Pay. This account is referred to herein as a “Stripe Connected Account” or a “Connected Account”. The registration process for the Connected Account will require you to submit your name, address, and other personal and/or business information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide us, up to date. Failure to provide accurate and complete information, or failure to comply with the account registration requirements, may result in a suspension or termination of your Connected Account.
6.3 Your Connected Account is also subject to any terms, conditions and policies required by Stripe from time to time, including without limitation Stripe’s Connected Account Agreement located at https://stripe.com/legal/connect-account (the “Connected Account Agreement”). By establishing a Connected Account and using the Payment Services, you agree to be bound by and comply with the terms and conditions of the Connected Account Agreement (and any other applicable Stripe policies or agreements) in all respects. Stripe may decline to create a Stripe Connected Account or limit the functionality available to a Stripe Connected Account until Stripe is satisfied that it has received sufficient information about you and/or the Stripe Connected Account. Stripe is solely responsible for deciding whether to provide its Platform Services (as defined in the Connected Account Agreement) to any Host.6.3 Your Connected Account is also subject to any terms, conditions and policies required by Stripe from time to time, including without limitation Stripe’s Connected Account Agreement located at https://stripe.com/legal/connect-account (the “Connected Account Agreement”). By establishing a Connected Account and using the Payment Services, you agree to be bound by and comply with the terms and conditions of the Connected Account Agreement (and any other applicable Stripe policies or agreements) in all respects. Stripe may decline to create a Stripe Connected Account or limit the functionality available to a Stripe Connected Account until Stripe is satisfied that it has received sufficient information about you and/or the Stripe Connected Account. Stripe is solely responsible for deciding whether to provide its Platform Services (as defined in the Connected Account Agreement) to any Host.
6.4 At any time during the term of this Agreement and your use of the Payment Services, we may require additional information from you to verify beneficial ownership or control of your business, validate information you provided, verify you or your representative’s identity, and assess your financial condition and the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals.
7. Representations and Warranties. By creating a Connected Account, you confirm that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Payment Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your personal name and/or business name under which you offer Host services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business and employees, including any applicable tax, wage and hour, and tip laws and regulations; (e) you will not use the Payment Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Payment Services; (f) your use of the Payment Services will be in compliance with this Agreement.
8. Data Usage. You agree that Crewdogs shall have the right to verify information about you, your transactions to include charge and refund history, and also including verification with Stripe and third-party service providers in order for us to provide the Payment Services through the use of the data you provide
9. Card Organization Rules. The Payment Services allow you to accept payments initiated with Cards and Banks. You agree to comply with all Card and Bank Organization Rules, as such may be changed from time to time. You understand that we may modify this Agreement from time to time in order to comply with the Card
Organization Rules. Significant portions of the Card Organization Rules are available to the public at:
- http://usa.visa.com/merchants/operations/op_regulations.html and;
- https://www.mastercard.us/content/dam/public/mastercardcom/na/global-site/documents/mastercard-rules.pdf.
Your use of Card Organization logos is governed by the Card Organization Rules; you agree to familiarize yourself with and to comply with these requirements.
10. Our Fees. The fees and charges associated with Crewdogs Pay and the Payment Services are listed on our Fee Schedule found in our Service Fees Policy, and you agree to pay all fees and charges arising from your use of Crewdogs Pay and the Payment Services. Please note that our Fee Schedule may be amended from time to time and we recommend that you periodically review the Fee Schedule so that you are aware of any pricing changes. Any changes to the Fee Schedule shall take effect 30 days following the posting of such changes. By continuing to use Crewdogs Pay and the Payment Services after any changes or modifications are made to the Fee Schedule, you are deemed to have automatically accepted the updated Fee Schedule.
11. Prohibited Transactions. You agree that you are not associated with the businesses and business practices for which Crewdogs Pay and the Payment Services cannot be used, and/or which are identified on the Stripe Restricted Businesses List located at https://stripe.com/restricted-businesses.
12.1. You authorize Crewdogs to cause Crewdogs service providers to electronically debit or credit your Connected Account and any other bank account via ACH and for Crewdogs to keep records of the transactions.
12.2. You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Crewdogs that you wish to revoke this authorization by emailing support@crewdogs.com. You must notify Crewdogs at least three business days before the scheduled debit date of any ACH transaction from your account in order to cancel this authorization. If we do not receive notice at least three business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so. If you withdraw your electronic authorization contained in this Section, we may close your Connected Account and/or your Crewdogs Account.
12.3. You authorize Crewdogs and/or Stripe to act as your agent to hold, receive, and disburse funds on your behalf in connection with Crewdogs Pay and the Payment Services. Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. You agree that our receipt of transaction proceeds satisfies the Guest’s obligation to you. We will disburse to you funds actually received by us on your behalf, less amounts owed to us, subject to any Chargeback or Reserve withheld or applied in accordance with this Agreement.
12.4. If Crewdogs has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Crewdogs Payments released the payout for such stay, Crewdogs Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
12.5. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Crewdogs Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
13. Availability of Funds. Should Crewdogs need to conduct an investigation or resolve any pending dispute related to your Connected Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity, or if required or requested by Stripe.
14. Your Liability and Obligations for Chargebacks. A transaction may be reversed or charged back to your Connected Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Organization, Stripe, a Guest or other financial institution or service provider, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. You are responsible for the amount of any Chargeback. If requested, you agree to assist us, at your expense, in the investigation of your transactions processed through the Payment Services. Your failure to assist us in a timely manner, including providing any necessary documentation within seventy-two (72) hours of our request, may result in an irreversible Chargeback. Please note that Crewdogs reserves the right in its sole discretion to deem a Chargeback as correct or valid, resulting in an acceptance of the disputed transaction. We reserve the right to charge a fee (a “Chargeback Fee”), upon notice to you, for investigating Chargeback disputes. Said Chargeback Fee as well as any fees associated with any transaction in relation to a Chargeback will not be refunded. This applies when the Chargeback is found to be valid as well as when it is reversed.
15.1 Chargeback. If a Chargeback occurs, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Card Organization, Stripe or Connected Account from any proceeds due to you, your Connected Account, or other bank account or payment instrument registered with us.
15.2 Delayed Payouts. If you have pending Chargebacks, we may delay payouts from your Connected Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Guest’s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the Guest may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand.
15.3 Additional costs and expenses. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Connected Account deficit balances unpaid by you.
16. Excessive Chargebacks. If we determine that you are incurring an excessive amount of Chargebacks, we may place conditions on the use of your Connected Account. These conditions may include, without limitation, (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services and/or your Crewdogs listings and your ability to host on the Platform.
17. Contesting Chargebacks. You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Payment Services. To that end, you permit us to share information about a Chargeback with the Guest, the Guest’s financial institution, Stripe, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Connected Account. If a Chargeback dispute is not resolved in your favor by the Card Organization or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation and information within seventy-two (72) hours of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
18.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, the Host, via Crewdogs Pay may, with your and Crewdogs final determination and prior authorization, charge the Payment Method used to make the booking or any other payment method on file in your Crewdogs account at the time of the Damage Claim in order to collect Damage Claim amounts not covered by the appropriate fees.
18.2 You agree that the Host may seek to recover from you under any insurance policies you maintain and that the Host may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts.
19.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
20. Connected Account History. When a payment is made to your Connected Account, we will update your Hosting Transaction History on the Platform and provide you a transaction confirmation via email, push notification, and in-app notifications. As part of the Payment Services design architecture with Stripe, you will not have access to a Stripe hosted dashboard. Summaries of your Connected Account activity are available in-app from the Hosting Transactions History page, or can be requested via email at support@crewdogs.com. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Connected Account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your Connected Account. If you believe that there is an error or unauthorized transaction activity has occurred in connection with your Connected Account, you agree to contact us immediately. Your failure to notify us in writing of any potential error(s) within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
21.1 To the extent allowed by applicable law, you grant us a security interest in, as well as a right of setoff against, all of your accounts with us, including any reserve, future earnings and any funds processed through the Payment Services, that may now or hereafter be in your possession and would otherwise be payable to you pursuant to the terms of this Agreement. You authorize us, without prior notice or demand, to recoup, collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and to defer payout or restrict access to funds to allow us to protect our security interest, and collection, charge and setoff rights as provided for in this section, whether the obligation is liquidated, unliquidated, fixed, contingent, matured or unmatured.
21.2. If you owe us an amount that exceeds the balance in your Connected Account, we may charge or debit a bank account, credit card or other payment instrument registered to your Crewdogs Account.
22.1. At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that you must maintain in your Connected Account or in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks, refunds, or other indications of performance problems related to or impacting your use of the Payment Services. The Reserve may be raised, reduced or removed at any time by Crewdogs, in its sole discretion.
22.2. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Crewdogs Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Crewdogs Account. You will execute any additional documentation required for us to protect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.
23. Restricted, Unauthorized or Illegal Use. We reserve the right to refuse, and not to authorize or settle, any transaction that you submit if we believe it is in violation of this Agreement, fraudulent, illegal, or otherwise likely to cause harm to Stripe, Crewdogs, its third-party providers, or Guests. If we reasonably suspect that your Connected Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Crewdogs Account, and any of your transactions with law enforcement.
24. Customer Service. You will adhere to all customer service policies from time to time made available by Crewdogs. However, you along with Crewdogs support are responsible for all customer issues relating to your Hosting Services, including pricing, refunds, cancellations, hospitality services, Guest support, and feedback concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Crewdogs Account, technical issues with the Platform, payment, Card processing, debiting or crediting.
25.1 By accepting payment Card or Bank transactions with a Crewdogs Account, you agree to provide refunds and adjustments for, your Host Services through your Connected Account in accordance with this Agreement, listing Cancellation Policies, Card Organization Rules, and Stripe and Crewdogs policies. Card Organization Rules require that you will (a) maintain a fair cancellation or adjustment policy in accordance with your respective Listing Cancellation Policy; (b) and disclose your cancellation policy to Guests at the time of booking via your listing.
25.2 The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original booking price minus the reduced processing fees for refunds. Please be aware, if you refuse refund or the amount is not in accordance with Listing Cancellation Policy, Crewdogs reserves the right to charge Connected Account in order to disburse funds. Crewdogs will provide at a minimum a 24 hour notice before any charges are applied to your account.
26. Taxes. You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your transactions involving Guests and/or your use of the Payment Services (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. Crewdogs specifically disclaims any liability for Taxes.
27.1. We respect your privacy and will handle and process your personal information in accordance with our Privacy Policy governing your access to and use of the Crewdogs platform, including the Payment Services. Please see Section 21 of our Terms of Use for more information regarding our Data Processing Addendums and privacy practices in connection with the Crewdogs platform and the Payment Services. You agree that you have read, understood and accepted Crewdogs’s applicable Data Privacy Addendum governing your account, which is incorporated herein by reference.
27.2. Any personal information you receive about Guests or other third parties through use of the Payment Services must be kept confidential and can only be used in connection with the Payment Services or Host Services. You may not disclose, use, or distribute such personal information for any other reason without the express consent of the Buyer or other third party.
28.1. You represent to us that you do not have access to Card information (such as the cardholder’s account number, expiration date, and CVV2). In the event that you receive such Card information in connection with the processing services provided under this Agreement, you agree that you will not use it for any fraudulent purpose or in violation of any Card Organization Rules, including but not limited to Payment Card Industry Data Security Standards (“PCI DSS”) or applicable law. If at any time you believe that Card information has been compromised, you must notify us promptly and assist in providing notification to the proper parties. You must ensure your compliance and that of any third party service provider utilized by you, with all security standards and guidelines that are applicable to you and published from time to time by Stripe, Visa, MasterCard or any other Card Organization, including, without limitation, the Visa U.S.A. Cardholder Information Security Program (“CISP”), the MasterCard Site Data Protection (“SDP”), and (where applicable), the PCI Security Standards Council, Visa, and MasterCard PA-DSS (“Payment Application Data Security Standards”) (collectively, the “Security Guidelines”). If any Card Organization requires an audit of you due to a data security compromise event or suspected event, you agree to cooperate with such audit. You may not use any Card information other than for the sole purpose of completing the transaction authorized by the customer for which the information was provided to you, or as specifically allowed by Card Organization Rules, Operating Procedures or required by law. The following links provide more information on PCI DSS and CISP compliance: https://www.pcisecuritystandards.org and http://www.visa.com/cisp.
28.2 We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
29.1. Your right to access and use the Payment Services will begin when you register your Stripe Connected Account with Crewdogs and will end when terminated by you, Crewdogs or by Stripe, as described in this Agreement, the Connected Account Agreement, and/or the Terms. You may terminate your Connected Account at any time by providing notice to Crewdogs and immediately ceasing your use of Payment Services. However, if you commence using Payment Services again, you are consenting to this Agreement. Stripe and/or Crewdogs may terminate your Connected Account and your right to access and use the Payment Services (a) where you are in breach of the Connected Account Agreement or this Agreement and fail to cure the breach upon 30 days’ notice by Stripe and/or Crewdogs (such notice and cure period only being required if curing the breach is feasible); or (b) upon 120 days’ notice for any reason. We may terminate this Agreement, and Stripe may also terminate your Connected Account Agreement, immediately if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding, or if we or Stripe determines that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to us, the Crewdogs platform, and/or Stripe.
29.2. All provisions hereof giving rise to continuing obligations will survive termination of this Agreement.
30. Dormant Connected Accounts. If there is no activity in your Connected Account (including access or payment transactions) for at least one year, consecutively, and you have a monetary balance (“Balance”) in your Connected Account, we will use reasonable efforts to notify you by sending an email to the email address associated with your Connected Account and give you the option of keeping your Connected Account open and maintaining the Balance, withdrawing the Balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Connected Account and escheat your funds in accordance with applicable law, and if permitted, to Crewdogs.
31. Indemnity. You agree to indemnify, defend, and hold Crewdogs and its licensees, licensors, and third party service providers (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all losses, liabilities, damages, claims, costs, losses, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) (a) resulting from any breach of any warranty, covenant or agreement or any misrepresentation by you under this Agreement, your Connected Account Agreement, the Terms, any Crewdogs or Stripe policies or guidelines , or the Card Organization Rules; (b) arising out of your or your employees’ or your agents’ negligence or willful misconduct in connection with any transaction submitted through the Payment Services; (c) arising out of your use of the Payment Services; (d) arising out of your interactions with your Guests or any of your Offerings (as defined in the Terms); or (e) arising out of any third party indemnifications we are obligated to make or provide as a result of your actions (including indemnification of any third party service provider).
THE PAYMENT SERVICES AND CREWDOGS PAY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PAYMENT SERVICES AND CREWDOGS PAY ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PAYMENT SERVICES AND CREWDOGS PAY ARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CREWDOGS AND ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE PAYMENT SERVICES OR CREWDOGS PAY IS ACCURATE, RELIABLE OR CORRECT; THAT THE PAYMENT SERVICES AND CREWDOGS PAY WILL MEET YOUR REQUIREMENTS; THAT THE PAYMENT SERVICES AND/OR CREWDOGS PAY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PAYMENT SERVICES AND CREWDOGS PAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY TRANSACTIONS CONDUCTED VIA THE PAYMENT SERVICES AND CREWDOGS PAY ARE CONDUCTED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PAYMENT SERVICES AND CREWDOGS PAY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR STRIPE OR ANY CARD ORGANIZATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREWDOGS, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) (INCLUDING, WITHOUT LIMITATION, STRIPE) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF SOURCE MEDIA AND/OR CONTENT, OR COSTS OF RECREATING LOST SOURCE MEDIA AND/OR CONTENT) OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR YOUR ACCESS TO AND USE OF THE PAYMENT SERVICES AND CREWDOGS PAY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CREWDOGS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM (I) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PAYMENT SERVICES OR YOUR CONNECTED ACCOUNT, OR THE INFORMATION CONTAINED THEREIN; (II) ERRORS, MISTAKES, OR INACCURACIES OF THE PAYMENT SERVICES OR CREWDOGS PAY; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PAYMENT SERVICES OR CREWDOGS PAY; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PAYMENT SERVICES OR CREWDOGS PAY; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PAYMENT SERVICES OR CREWDOGS PAY BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PAYMENT SERVICES OR CREWDOGS PAY. THE TOTAL AGGREGATE AND CUMULATIVE LIABILITY OF CREWDOGS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE THE AMOUNT OF FEES EARNED BY CREWDOGS IN CONNECTION WITH YOUR USE OF THE PAYMENT SERVICES AND CREWDOGS PAY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CREWDOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
34. Dispute Time Limit. The timeline for disputes hereunder, unless otherwise required by applicable law, must be commenced within one year after the cause of action accrues.
35. Force Majeure. No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.
36. Governing Law. This Agreement shall be governed by Georgia law, without regard to its choice of law or conflicts of law.
37. Disputes and Arbitration. Any disputes arising hereunder shall be resolved via the dispute resolution process set forth in Section 23 of the Terms, which, among other things, requires the resolution of disputes via arbitration.
38. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes any previous agreements and understandings. In the event of a conflict between this Agreement and any other Crewdogs agreement or policy, this Agreement shall prevail on the subject matter of this Agreement.
39. Right to Amend. Crewdogs reserves the right to amend this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Payment Services, with notice that we deem, in our sole discretion, to be reasonable according to the circumstances. Notice may include notice on our website at Crewdogs.com. Any use of our Services after publication of any such change shall constitute your acceptance of this Agreement as modified.
40.1. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crewdogs without restriction.
40.2. Jury Trial Waiver. You and Crewdogs Pay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
40.3. No Class Actions or Representative Proceedings. You and Crewdogs Pay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
41.1. The parties intend every provision of this Agreement to be severable. If any part of this Agreement is not enforceable, the remaining provisions shall remain valid and enforceable. In such case, the parties will in good faith modify or substitute a provision consistent with their original intent. If any remedy fails of its essential purpose, then all other provisions, including the limitations on liability and exclusion of damages, will remain fully effective.
41.2. This Agreement and the Terms are meant to be complimentary. In the event of a conflict between this Agreement and the Terms that cannot be read in a consistent or additive manner, this Agreement shall prevail with respect to terms involving Crewdogs Pay, and the Terms shall prevail in all other respects. In the event of conflict between any other Crewdogs agreement or policy, this Agreement shall prevail unless the agreement or policy expressly states to the contrary. The term “including” shall mean “including, without limitation,” in all instances in this Agreement unless the context clearly requires otherwise.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 4, 5, 8, 9, 10-18, and 20-37.
BY USING THE PAYMENT SERVICES AND/OR ACCEPTING THIS AGREEMENT (OR OTHERWISE BEING BOUND AS DESCRIBED ABOVE), YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE CEASE ALL FURTHER USE OF THE PAYMENT SERVICES.
You may contact Crewdogs regarding the Payment Services using the information below:
Crew Dogs, LLC
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